David ben Se‘adya’s The Book of Oaths (Hebrew Translation)

On the Different Types of Oaths and Similar Categories and Their Applications

We find in the Torah and the Talmud that whether one mentions the ineffable Name or one of the [other] appellations of God, this is the oath mentioned in the Torah, and there is no difference between these two types of oaths [i.e., oaths invoking the Tetragrammaton versus oaths invoking any of the other names of God]. Indeed, the Talmud states: What is taught by the verse: And you shall not swear by My name falsely (Leviticus 19:1)? Since it is stated: You shall not take the name of the Lord your God in vain (Exodus 20:6), it might have been thought that one is only liable for the ineffable Name. From where is it derived that all of the appellations are included? The verse states by My name, that is, any name that I have [see b. Shavuot 36a]. We further find that it makes no difference whether the one taking the oath specifies “oath” or if he uses an expression of a curse, such as a ban or an excommunication. [ . . . ]

However, when it comes to my explanation of the special rabbinic oath imposed on claimants, in which they swear and take what they claim, I have not found anyone who says anything correct about it. There are numerous opinions among the commentaries over several aspects of this law. Some of them rule that this oath applies from biblical law, while others maintain that it is an oath of inducement [instituted by the rabbis, which is required when one denies a monetary claim]. From the day that I turned my attention to the details of these laws, I searched in my heart [see Ecclesiastes 2:3] to know the root of this oath. I analyzed them at length, seeking out their secrets, in an attempt to arrange their principles in the manner of the talmudic rabbis, but I was only able to establish the fundamental points after much searching, great effort, and suffering. Yet the blessed Lord awakened my spirit in this matter, and I give praise to Him for anything that I have found, for it is not on my account. I also know that when those rabbis erroneously ruled that the oath of the claimant applies by biblical law, they inferred this conclusion from the statement of the mishnah: All those who take an oath that is from the Bible take the oath and do not pay, and the following take an oath and receive. [m. Shavu‘ot 7:1] [ . . . ]

They thought that the clause “and the following take an oath and receive” continues from “take the oath and do not pay,” namely, that they are also from the Bible, like them. They thus understood the mishnah as though it stated the following: “All those who take an oath that is from the Bible take the oath and do not pay, apart from those who take an oath and receive,” meaning that they are all from the Bible. In this manner, they learned the mishnah incorrectly. Consequently, they would not have understood the talmudic statement regarding a woman who admits to partial payment of her marriage contract, and a case where one witness testifies that it has been paid. For Rava answered and rejected Rami bar Hama’s suggestion [that this oath applies by biblical law], clarifying that it is an oath enacted by the sages, and thus he firmly established in an unshakable manner that one does not swear and take something according to biblical law [see b. Ketubbot 87b], as I mentioned earlier, in section two. This is a clear and decisive proof, against which there is no counterargument or response. However, the teachers, who have not fathomed half of the depths of the law, have missed it. With the understanding that I have been graced by God, I have comprehended this matter and explained that this rabbinic oath, by which one swears and takes, is formulated in a similar manner to an oath from the Bible—the one who is swearing must utter a name of God and hold an object in his hand [see b. Shevu‘ot 38b]. The only difference between them is that one oath is prescribed by biblical law while the other was instituted by the rabbis. There is also a difference between them regarding their application, as I will explain in a special section of this book.